Court adjourns Undialu’s appeal

National

An urgent application filed by Koroba Lake-Kopiago MP Philip Undialu at the Supreme Court to stay orders of the national court which nullified his declaration as Hela governor was adjourned to Wednesday.
Undialu’s lawyer, from Posman Kua Asi Lawyers, told the court presided by Justice Stephen Kassman, that the application was to stay a decision made by Justice Colin Makail in the national court early this month for the provincial assembly to meet and elect a new governor.
Undialu told The National yesterday that the application was also to maintain his status quo and allow him to perform as governor because his election was recognised by the Deputy Prime Minister and Inter Government Relations Minister Sir Leo Dion.
Undialu filed the appeal because he said the national court judge erred in law when arriving at his judgment.
Undialu said one of the fundamental errors was that the trial judge said Mt Bosavi LLG was in Hela and not in Southern Highlands.
Undialu said there was evidence that Mt Bosavi LLG was in Southern Highlands and not Hela.
He said the second issue in his appeal was regarding the president of Hulia LLG.
He said he has evidence to put to the Supreme Court that Luke Panguma was the president of Hulia LLG and not Eric Yawas.
He said the third issue was in relation to the pleadings of Komo-Margarima MP Francis Potape in his application at the national court.
He said Potape did not ask the court to nullify his (Undialu’s) election on July 5 as governor for Hela in the proceeding he (Potape) filed.
He said the court has erred when it ordered that his election was null and void and of no effect.
Undialu also filed a separate proceeding in the national court in relation to the provincial assembly meeting on Tuesday which elected Potape as governor.

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